Bathroom Remodeling Contract

BATHROOM REMODELING CONTRACT

This Bathroom Remodeling Contract ("Contract") is entered into as of Effective Date: by and between Owner Name: (Owner) and Contractor Name: (Contractor).

RECITALS

WHEREAS, Owner is the owner or lawful occupant of the real property located at: (Property); and

WHEREAS, Contractor is engaged in the business of remodeling and performing bathroom construction and finishing work and represents that Contractor is licensed, bonded and insured to perform the Work described in this Contract and that Contractor will perform all Work in a good and workmanlike manner; and

WHEREAS, Owner desires to retain Contractor to perform certain bathroom remodeling work at the Property and Contractor is willing to perform such work in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. SCOPE OF WORK

1.1 Contractor shall furnish all labor, materials, equipment and services necessary to perform the bathroom remodeling work as described in Schedule A: Itemized Work and Materials, attached hereto and incorporated by reference. A general description of the Work is:

1.2 Contractor shall provide and install materials that conform to the specifications in Schedule A. Where brand, model or quality are specified, substitutions shall not be made without Owner's prior written approval.

2. CONTRACT PRICE; PAYMENT

2.1 Contract Price. Owner shall pay Contractor the total contract sum of $ (Contract Price), subject to additions and deductions for Change Orders as provided in Section 3.

2.2 Payment Schedule. The Contract Price shall be paid as follows:

2.3 Retention. Owner may retain of each progress payment as holdback until Substantial Completion, unless otherwise agreed in writing.

3. CHANGE ORDERS

3.1 All changes to the Work, whether additions, deletions or substitutions, shall be executed only by written Change Order signed by both Owner and Contractor. A Change Order shall describe the change, adjustment to Contract Price and any extension or reduction of the schedule.

4. SCHEDULE; COMPLETION

4.1 Commencement. Contractor shall commence the Work within days after receipt of written Notice to Proceed, subject to timely receipt of materials and permits.

4.2 Substantial Completion. Contractor shall achieve Substantial Completion by no later than: , subject to approved Change Orders, weather delays and other excusable delays.

5. PERMITS; INSPECTIONS

5.1 Contractor shall obtain, at Contractor's expense, all permits, licenses and inspections required by applicable law for the performance of the Work unless otherwise agreed. Contractor shall schedule inspections and shall correct any work that fails inspection at Contractor's expense.

6. WARRANTIES

6.1 Contractor warrants that all Work shall be free from defects in workmanship for a period of months from the date of final payment, except for defects resulting from normal wear and tear or Owner misuse.

6.2 Manufacturer warranties for products, fixtures and equipment are assignable to Owner to the extent assignable, and Contractor shall provide copies of manufacturer warranties upon completion.

7. INSURANCE; INDEMNITY

7.1 Contractor shall maintain commercial general liability insurance with limits not less than $ per occurrence, workers' compensation as required by law, and automobile liability insurance where applicable. Contractor shall provide proof of insurance upon Owner's request.

7.2 To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Owner from and against all claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from performance of the Work, provided such claim is caused in whole or in part by any negligent act or omission of Contractor or its subcontractors, employees or agents.

8. SITE CONDITIONS; ACCESS

8.1 Owner shall provide Contractor with reasonable access to the Property during normal working hours and shall provide utilities as required. Contractor shall keep the Work site reasonably clean and shall remove construction debris daily unless otherwise agreed.

9. DEFAULT; TERMINATION

9.1 If either party materially breaches this Contract and fails to cure within days after written notice, the non-breaching party may terminate this Contract by written notice. Termination shall not relieve the breaching party of liability for damages.

9.2 Upon termination for cause by Owner, Contractor shall promptly demobilize and Owner shall pay Contractor for all work performed and materials reasonably procured prior to termination, less damages and offsets.

10. LIENS

10.1 Contractor shall promptly pay for labor, materials and equipment and shall keep the Property free of liens. Contractor shall promptly remove any lien filed against the Property as a result of Contractor's failure to pay its subcontractors or suppliers.

11. NOTICES

11.1 All notices under this Contract shall be in writing and delivered personally, by certified mail, return receipt requested, or by commercial courier to the addresses set forth below or to such other address as a party may designate by notice.

12. LICENSES; PERMITS INFORMATION

12.1 Contractor License Number: Contractor Insurance Carrier:

13. AMENDMENTS; WAIVER

13.1 No amendment or modification of this Contract shall be effective unless in writing and signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom the waiver is asserted.

14. GOVERNING LAW; DISPUTE RESOLUTION

14.1 This Contract shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

14.2 Except for injunctive relief, the parties agree to resolve disputes arising under this Contract by binding arbitration pursuant to the arbitration procedures agreed by the parties, and judgment upon the award may be entered in any court having jurisdiction.

15. ENTIRE AGREEMENT; SEVERABILITY

15.1 This Contract, together with Schedule A and any Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings relating thereto.

15.2 If any provision of this Contract is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

16. COUNTERPARTS

16.1 This Contract may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

SCHEDULE A — ITEMIZED WORK AND MATERIALS

Provide a detailed, itemized description of work, materials, unit prices, allowances, and exclusions. If additional pages are attached, list attachments here:

SIGNATURES

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